The New India Assurance Co Ltd v. Smt Dolly Jain & ORS

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI NATIONAL LOK ADALAT + MAC.APP. 222/2014 THE NEW INDIA ASSURANCE CO LTD ..... Appellant Through:

Mr. Pankaj Seth, Advocate along with Ms. Sharda Raj, Manager along with Nikhita Bhowmik, Dy. Manager for Insurance Co.

versus SMT DOLLY JAIN & ORS ..... Respondents Through:

Mr.

Rajkumar, Advocate for respondents.

CORAM:

DR. SUDHIR KUMAR JAIN, PRESIDING OFFICER MR. K. VENKATRAMAN, ADVOCATE (CO-MEMBER)

O R D E R

% 09.03.2024 Appellant insurance company has filed an appeal for reduction of the award dated 29.01.2014 passed by the Learned MACT awarding compensation of Rs. 37,14,385/- along with interest @ 9% p.a. from date of filing of petition till realization. On appeal, the insurance company deposited the entire awarded amount along with the up to date interest accrued thereon before the Registrar General of this Hon'ble Court in terms of the order dated 12.03.2014 passed by this Hon'ble court. This Court also directed the release of 70% awarded amount in terms of the award of the tribunal. After comprehensive discussion, Ld. Counsel for the insurance company on instructions has agreed not to press the petition. Ld. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/03/2024 at 12:45:42

Counsel for the respondent claimant (s) has also filed enhancement petition in MACA No. 991/2014 and has also received instructions from the claimant (s) not to press the enhancement of the appeal. Ld. Counsel for the claimant (s) has submitted that the balance awarded amount along with accrued interest be released, Learned Counsel for the Insurance Company also submits that the statutory amount with interest, if any, may be refunded to the Insurance Company.

In view of the settlement, the balance awarded amount along with accrued interest be directed to be released to the respondents/ claimant in terms of the award of the tribunal. Statutory amount with interest, if any, be refunded to the Insurance Company Matter be listed before National Lok Adalat on 09.03.2024. The appeal is disposed of with directions in terms of the settlement.

A copy of this order be sent to concerned Ld. Tribunal with LCR, if requisitioned and received.

DR. SUDHIR KUMAR JAIN, J K. VENKATRAMAN CO-MEMBER MARCH 09, 2024/j The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/03/2024 at 12:45:42